Terms & Conditions

Last Updated: June 15, 2024

About Flock

Welcome to Flock Loyalty (“Flock,” “we,” “our,” or “us”). These Terms & Conditions (“Terms”) govern your access to and use of our app, website, and related services (the “Platform”). By creating an account or using the Platform, you agree to these Terms.

Definitions

Member means an end-user of the Platform.
Venue/Partner means a business that lists on the Platform.
Venue Points means venue-specific loyalty points issued by a Venue.
Feathers means Flock’s universal reward currency issued by Flock.
Offer means a promotion, loyalty reward, discount, giveaway, or similar benefit published on the Platform.

Eligibility and Accounts

You must be of legal age in your jurisdiction to use the platform. Venues must have authority to bind their business. You must provide accurate registration information and keep it up to date. You are responsible for maintaining the confidentiality of your login and for all activity under your account.

How Flock works

Members can check in at participating Venues and earn Venue Points and/or Feathers, depending on the Venue’s settings and program rules. Check-ins and redemptions may require scanning a QR code, using NFC, and/or enabling location services for fraud prevention and verification. If the Flock app is not installed when you scan a Venue QR, you may be redirected to the applicable app store before completing check-in.

Earning rewards

Earning logic (amounts, caps, cooldowns, and eligible actions) may vary by Venue and program. Venues control their Venue Points programs. Flock controls Feathers issuance rules, which may change from time to time. We may decline to award or may reverse rewards if we detect error, abuse, or fraud (including GPS spoofing, emulator use, off-premise scanning, staff collusion, or duplicate accounts).

Redeeming rewards

Venue Points are redeemable only at the issuing Venue, under that Venue’s rules (including any minimum spend, blackout dates, or expiry the Venue sets, subject to applicable law). Feathers are redeemable only at Venues that opt in to accept them. Not all Venues accept Feathers. Rewards have no cash or face value, are not legal tender, and are non-transferable except as expressly permitted in the Platform. Cash redemption is not permitted unless required by law.

Expiry, Changes and Discontinuation

Venues may set their own Venue Points expiries and conditions, subject to law. Flock may set or change Feathers rules (including earn rates, redemption rates, and expiries) with notice in the app. If we materially discontinue Feathers, we will provide a reasonable redemption window or an equivalent remedy, subject to law.

Offers and Promotions

Offers may be created by Venues or by Flock. Each Offer is subject to the specific terms displayed in the Platform at the time of activation or redemption (including quantities, limits, and timing). Offers are available while supplies last and may be modified or withdrawn at any time unless prohibited by law.

Venue Responsibilities

Venues are solely responsible for the accuracy of their profiles, menu/pricing, program rules, and Offers; compliance with consumer and promotional laws; and the quality and delivery of goods/services to Members. Venues must honor their own program terms and Offers shown in the Platform unless an obvious error exists. Venues must not misuse Member data and must use it only as permitted by these Terms and the Privacy Policy.

Offer Requirement: All Venues must maintain at least one active Offer visible on the Platform at all times. The Offer may be a loyalty reward, promotion, or other benefit permitted under the Platform rules. This requirement is a condition of participating in Flock. Flock reserves the right to suspend or remove Venues that fail to maintain an active Offer for more than 14 consecutive days.

Member Responsibilities and Acceptable Use

You agree not to: (a) manipulate check-ins, location, or redemption flows; (b) copy, alter, or interfere with QR/NFC codes; (c) automate, scrape, or reverse-engineer the Platform; (d) create multiple accounts to gain an advantage; or (e) engage in any unlawful or harmful conduct. We may suspend or terminate accounts and void rewards for violations.

Fees and Billing (Venues)

Flock may charge subscription or service fees to Venues. Fees are billed in advance, are non-refundable except as required by law, and auto-renew unless canceled in accordance with the Platform’s cancellation process. Venues may cancel with 30 days’ notice unless otherwise agreed. We may change pricing with prior notice; continued use after the effective date constitutes acceptance. All amounts are exclusive of taxes unless stated otherwise.

Data and Privacy

Your use of the Platform is subject to our Privacy Policy available at https://getflock.io/privacy-policy/. We process limited personal data to operate the Platform, prevent fraud, and facilitate rewards and Offers. Venues receive limited Member data as needed to fulfill redemptions and provide venue loyalty; Venues must handle such data in compliance with law and these Terms.

Intellectual Property

The Platform may rely on third-party services (e.g., app stores, payment providers, mapping, analytics). We are not responsible for third-party services beyond our control. Network, device, and store availability may affect Platform performance.

Third-Party Services and Networks

Your use of the Platform is subject to our Privacy Policy available at https://getflock.io/privacy-policy/. We process limited personal data to operate the Platform, prevent fraud, and facilitate rewards and Offers. Venues receive limited Member data as needed to fulfill redemptions and provide venue loyalty; Venues must handle such data in compliance with law and these Terms.

Disclaimers

To the maximum extent permitted by law, the Platform is provided on an “as is” and “as available” basis, and we do not warrant uninterrupted, error-free operation or that rewards/Offers will always be available or honored by a Venue that has closed, changed ownership, or ceased participation. We do not control, and are not responsible for, the goods/services a Venue provides.

Australian Consumer Law

Nothing in these Terms excludes, restricts, or modifies any rights or remedies you may have under the Australian Consumer Law (ACL) or other non-excludable laws. Where we are permitted to limit remedies, our liability is limited, at our option, to resupply of the services or payment of the cost of having the services supplied again.

Limitation of Liability

To the extent permitted by law and subject to the ACL: (a) we are not liable for any indirect, incidental, special, or consequential loss; and (b) for Venues paying fees, our aggregate liability for all claims arising in any 12-month period is capped at the fees paid by that Venue to Flock in that period. For Members (who use the Platform for free), our aggregate liability is capped at AUD $100.

Suspension and Termination

You may delete your account at any time. Venues may cancel according to Section 10. We may suspend or terminate any account immediately for breach, unlawful conduct, or to protect users and the Platform. If we terminate without cause, we will provide a reasonable path to redeem any valid, non-fraudulent Feathers balance or an equivalent remedy, subject to law.

Changes to the Platform and Terms

We may modify or discontinue features (including Feathers, Venue Points, and Offers). For material changes to these Terms or to Venue pricing, we will provide notice in-app or by email before the change takes effect, unless a quicker change is required by law or for security, fraud prevention, or safety.

Data and Privacy

Your use of the Platform is subject to our Privacy Policy available at https://getflock.io/privacy-policy/. We process limited personal data to operate the Platform, prevent fraud, and facilitate rewards and Offers. Venues receive limited Member data as needed to fulfill redemptions and provide venue loyalty; Venues must handle such data in compliance with law and these Terms.

Communications

You consent to receive service announcements, transactional messages, and administrative notices via the app or email associated with your account. You can manage marketing preferences in the app or by using the unsubscribe instructions in those communications.

Governing Law and Venue

These Terms are governed by the laws of New South Wales, Australia. You submit to the exclusive jurisdiction of the courts of New South Wales for any proceedings arising out of or relating to these Terms or the Platform.

Contact

Questions about these Terms: hello@getflock.io

Entire Agreement

These Terms, together with any Offer-specific terms and the Privacy Policy, constitute the entire agreement between you and Flock regarding the Platform and supersede any prior agreements on the same subject matter. By using any Flock services you agree to the terms and conditions and privacy policy in its entirety.

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